Nola Fitness Nola Gym sold me a dirty,used knock off product after I specified only new on the order. Will not respond to calls Hammond, Louisiana

To Whom It May Concern:

OnMarch 4, 2011, I placed and order and specifically requested a brand new item
only. The note can be seen on the order form confirmation and the invoice. I
heard nothing from the company but they took the money from my bank account.
After days of seeing the order in the ""waiting for fulfillment
stage" I requested a refund. I began to worry as I could get anyone on the
phone. (Note that until now that is still the case.) They continue to change
the way the phone is answered and its only the one voice.

The order was placed on the 4th I tried calling from the 7th as I noted
they had taken money from my account. However, as the first day and including
the online chat, the phone was never answered. I asked for my money again by
the contact form on the site and received an email only on the 15th stating the
status had upgraded and the order had been shipped. For two days I contacted
Fed Ex. as I did not believe them at Nola Fitness. Fed Ex said a label was
called in at 1:00 AM on the 14th but no pickup was scheduled. I
continued to ask for my money back. On the 18th I could see a pick up was
taking place. All of this time when calling their number, it would say call
back during working hours or you would wait on the phone while they stated
operators were busy. I waited on the line each time until a message stating you
should leave a number and they would get back to you. I left a number and never
heard from them.

Reading their return policy I also realized a problem. They advertise American Express
on the site but they dont take it. 
The return policy allows charges for broken leg rest pins $20 and worn
items $35. No retail box $10 and No adapter $15. In addition to this there is a
restocking fee of $12. (They have now removed this from the site but I have it
on the form they printed up themselves.

I specifically stated on the order form (I have a copy of it) that I did not want
a used, refurbished product and they should send me nothing but a brand new and
sealed product.

The package arrived on the 22nd. Inside was an open box that had been torn apart by
previous owner. There was no tape that seals a box when you put it together. It
was presented in a state that would require assembly. The label was half on and
another logo can be seen underneath. Moisture may have loosened it during
transport. Black spots were on the product (a Back2Life Massager). It was very
obviously used and nothing was sealed. The plastic was old and crinkled; the Styrofoam
was broken in several places and dirty.  The box has info included but area is blacked out with a
magic marker. I immediately took photos and then wrote them as well as notifying
my bank. The Nola Gym people or Thomas Hempel has not responded until now. They
changed the phone answering service after I left a message saying they are
experiencing difficulties and it should be fixed by the afternoon. It continued
to say this since I received the package on the 22nd until just a few moments
ago today the 24th. (Update: today 4/11/11 it has changed again. There is still
no answer or return call. In essence, they have sent me a used item knowing its
not what I wanted and are now looking for restocking fees and fees if Item is
used etc. What should I do? I asked for a brand new item and that can be seen
on the order. I want a full refund of all monies and should not be paying even
to return the item. What recourse do I have against this company and how should
I proceed. Another agency said to return it but they could say they never
received it.  I want to act quickly and get this moving. The support address on the print out cannot be used. I tried and the email states its an invalid address and it returns to me.  I have used the telephone number on the shipping box in your complaint for the other numbers are
1-866-556-4235-option3 and 1-504-452-7944 and 1-504-383-8961. Email is support@nolagym.com. I have taken photos and have the email
done from my address and responses from them. I have nothing that took place on
their website such as my constant request to return funds. I hope this can be
tracked. I am available to answer any questions you might have.